Landscaping contracts and quotes in Victoria

The job, from quote to finished garden

Read this as a timeline. Victoria’s building rules come first, because they apply before anything is signed; the national consumer law runs underneath the whole job.

1. Victoria’s thresholds

   In the Building and Plumbing Commission’s words: “You must engage an appropriately registered building practitioner when:”

   Contract price“the contract price of the works is over $10,000”

   and

   Kind of work“the work is domestic building work.”

   Where both are true, the BPC says the job needs a major domestic building contract. Its information sheet adds that the figure rose from $5,000 to $10,000 on 1 July 2017, and that a builder must not enter a major domestic building contract without being registered as a building practitioner under the Building Act 1993.

   Staging the work does not split it. Where landscaping is done in stages under separate contracts, the BPC says the first agreement and the later contracts count as one contract for the purposes of the Domestic Building Contracts Act 1995.

   Insurance. Victoria’s Home Warranty scheme started on 1 July 2026. The BPC says it applies to new eligible domestic building work valued at more than $20,000, done under an eligible contract signed on or after that date. If your eligible contract is signed from 1 July 2026, Home Warranty may apply. If your contract was signed earlier and you hold a Domestic Building Insurance (DBI) Certificate of Insurance, your cover carries on under DBI. Ask the BPC whether your work and contract are eligible before you sign.

   Where the work needs a building permit, the builder also must not start until the registered building surveyor who issued the permit has authorised them to carry it out.

2. Forming a contract

   The ACCC is plain about it: “Some contracts are written documents. But, there is still a contract even if there is no written document.” “There is generally a contract whenever a seller makes an offer and a buyer accepts it.” And “The buyer can accept a contract:”

   • “by signing a written document”
   • “by saying they accept it”
   • “through actions such as paying for a product or clicking ‘I agree’ on a website.”

   So a quote can become a contract the moment you accept it, whether in writing, in words or by paying. “It’s illegal for businesses to force or pressure consumers or other businesses into entering a contract,” and the ACCC’s advice is to read and understand the terms before you accept: “If you don’t understand the terms and conditions, talk to a lawyer.”

3. Unfair contract terms

   A pre-written contract you can only take or leave is a standard form contract. Since 9 November 2023, proposing, using or relying on unfair terms in standard form contracts has been banned, with penalties for breaches. The ACCC lists the examples the law gives of terms that may be unfair, including:

   • “terms that allow one party (but not the other) to avoid or limit their responsibilities under the contract”
   • “terms that allow one party (but not the other) to end the contract”
   • “terms that penalise one party (but not the other) for breaching or ending the contract”
   • “terms that allow one party (but not the other) to change the terms of the contract.”

   “Only courts can make final decisions about whether a contract term is unfair.” If a term worries you, the ACCC suggests first asking the business to remove or change it. You can also contact your state or territory’s consumer protection agency, or a legal service there.

4. Door-to-door offers

   A landscaper who knocks uninvited may be making what the law calls an unsolicited consumer agreement. In the ACCC’s words, one “arises when:” “a supplier or salesperson approaches a customer to sell goods without being invited to do so” ; “negotiations take place either on the phone or in person at a location other than the supplier’s premises, and” “the total value of the agreement is more than $100 or the value wasn’t known at the time the agreement was made.”

   You can then change your mind and cancel for any reason, without being charged, within 10 business days starting the first business day after you sign or receive the agreement. Door-to-door salespeople must not visit on Sundays or public holidays, and must leave straight away if you ask. “You don’t have to agree to anything on the spot.”

5. Consumer guarantees after the work

   “Service providers must carry out all services using an acceptable level of care and skill.” Another guarantee is that services are provided within a reasonable time, and “What is ‘reasonable’ can depend on factors including:” “the nature of the services”, “weather conditions” and “availability of parts or materials.”

   The ACCC’s own example fits a garden: a consumer hires a builder to repair an outdoor patio, they never discuss a completion date, and the builder starts but does not come back for a month. The consumer can claim the service was not supplied within a reasonable time, though if it rained through that month, the delay might be reasonable.

   When a service does not meet a guarantee, you can claim a remedy. “Depending on the situation, the remedy may be:” “repair, replacement, refund, cancel” or “compensation for damages or loss”. The first step is to contact the business and explain the problem.